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AG 20-828 - TJ EnterprisesRETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT, IV: ECONOMIC DEVELOPMENT 2. 01WGINATING STAFF PERSON:-, TIM JOHNSON — EXT: 2412 3. DATE REQ. BY�' I ASAP11,1111­11111111111111 I'll - 4. TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) 0 PUBLIC WORKS CONTRACT E] SMALL OR LEMITED PUBLIC WORKS CONTRACT 1:1 PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDBG 0 REAL ESTATE DOCUMENT El SECURITY DOC NT (E.G. BOND RELATED DOC UNIENTS} El ORDINANCE El RESOLUTION El CONTRACTA NT (AG#): El INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 6. NAME OF CONTRACTOR: TJ ENTERPRISES ADDRESS: 1935 S 282ND PL, FEDERAL WAY WA 98003 T ELEPHONE: (253) 941-4261 E-MAIL: GTAPETERS@MSN.COM SIGNATURE NAME: TRACY PETERS TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE Ll ALL OTHER REFERENCED EXHIBITS D PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 0 PRIOR ONTRAC AMENDMENTS 8. TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETIONDAAA TE: 9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: El YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED El YES X NO IF YES, $ PAID BY: 0 CONTRACTOR El CITY 0 PURCHASING: PLEASE CHARGE TO: --001-1800-990—0-4-90—emi�Lct—(L I 10. DOCUMENT/CONTRACT REVIEW 0'PJECT MANAGER - =Z'ECTOR F-1 RISK MANAGEMENT (IF APPLICABLE) El LAW 1(9-07-.2 0 SCHEDULED COMMITTEE DATE: V,CHEDULED COUNCIL DATE: Fl.. ' ► \� INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: DATE REC'D:----- * ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS * CREATE ELECTRONIC REMINDERJNOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL DATE SIGNED * LrI'O SPAR NT N RY(MAYOR OR DIRECTOR) El CITY CLERK 0 E] ASSIGNED AG # # COMMENTS: Federal Way CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH TJ ENTERPRISES This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and TJ Enterprises, a sole proprietor ("Grantee"). The City and Grantee (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: TJ ENTERPRISES: rd-11TATOVAIJIM211 12:16121"T.11% I I . CITY OF FEDERAL WAY: Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) ade. ari wool w.4,6tvoffederal wa 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. 2. CONDITIONS OF GRANT. 2.1 Warranties: The Grantee warrants the following, which are pre -requisites for grant eligibility: a) Grantee operates a business physically located within the political boundaries of the City of Federal Way; b) Grantee maintains a current City of Federal Way business license, c) Grantee has paid all taxes and government fees due up tote date of execution of this grant agreement; d) Grantee's business employees no more than the equivalent of ten (10) full-time employees (20,800 man-hours total for all employees per year); e) Grantee's net revenues do not exceed more than $1.5 million per year; Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service; g) Due to COVID- 19, Grantee business (0ieck all diat v): ❑ Was required by state or local order to close Was forced to lay off employees due to reduced patronage Incur -red over $ 1,000 in COVID- 19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue ■ ^4kO�- , Federal Way 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing f) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERIVIINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and tenninate this agreement. 4,1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shal I provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4.2 Non -Ara nation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. 5.1 QMtce hideniniffl'"llipjI. The Grantee agrees to release, indemnify, defend, and hold the City, its elected officials, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from. or in connection with this Agreement or the perforinance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Grantee and the City, the Grantee's liability hereunder shall be only to the extent of the Grantee's negligence. Grantee shall ensure that each sub -Grantee shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Grantee pursuant to this paragraph. The City's inspection or acceptance of any of Grantee's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 t0dustrial It is specifically and expressly understood that the Grantee waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Grantee's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver, c I V W - Federal Way 5.3 The City agrees to release, indemnify, defend and hold the Grantee. its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. GENERAL PROVISIONS. 6.1 )�Wlflcatlon. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. :11 ii 11 ii 11 1 M 1 11117 1 W 44kctly Of - Federal Way -I'T"v HIA3111 F9,1ki-m"'31 'OVarl `PJA 6.3 Execution. Each individual executing this Agreement on behalf of the City and Grantee represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages, The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. 11111 pip I CITY OF FEDERAL WAY: .Ht ell, , yo DATE: By: Printed Name: Title: DATE: 10/5/2020 Washington State Department of Revenue < Business Lookup License Information: New search Back to results Entity name. PETERS, TRACY JEAN Business name: TJ ENTERPRISES Entity type. Sole Proprietor U #: 602-345-208 Business ID: 001 Location ID: 0001 Location: Active Location address: 1935 S 282ND PL FEDERAL WAY WA 98003 Mailing address: 1935 S 282ND PL FEDERAL WAY WA 98003 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location Ucewm 0 Count Details Status = Expiration date First issuance dat Federal Way Home Occupation 03 -105348 -00 -BL Active Nov -30-2020 Jan -07-2004 Business Governing People NyhwWdego�ingpmpit�otWldvdwLthSKdoWaf5tft Governing people Title PETERS, TRACY JEAN Registered Trade Names Registered trade names Status First issued US DAY CARE Active Nov -27-2003 The Business Lookup information is updated nightly. Search date and time: 10/5/202011:07:08 AM Contact us How are we doing? Take ov- survey! hftps://secure.dor.wa.gov/gteunauth/—,/#1 0 1/1